MYPolygyny.com
Knowledge for the Muslim household
Flashcards Lineage

Q&A › Children, inheritance & global

🌍 Children, inheritance & global · #206

My child is in my custody, but my former husband says he makes the school decisions. Who is right?

Both have a role: hadhanah is day-to-day care, guardianship is authority over the child's person and property. Act 303 s.88(1) says that although the right of hadhanah may lie with someone else, the father is the first and primary natural guardian of the person and property of his minor child. But s.87(1) says a custody order, subject to any conditions imposed, entitles the person given custody to decide questions of the child's upbringing and education. So the answer depends on what your court order says. Reread its conditions, and talk it through for the child's sake. The Quran describes the nursing of a child after separation being decided “by mutual consent and consultation between the two” (Surah al-Baqarah 2:233). See Hadhanah & lineage.

Sources

Act 303, s.87Surah al-Baqarah 2:233
← PreviousA custody order was made some years ago, but things have changed. Can it be varied?Next →Until when must a father pay child maintenance under a court order?

Related questions

My husband is applying for polygamy. Can I ask the court to set our children’s maintenance in the same case?Yes; Act 303 gives the court power to order child maintenance when permitting polygamy. Section 73(1)(e) lets…My husband is polygamous and we live in separate homes. Does his rota affect who looks after the children?No; the rota is the wife’s right, while custody and maintenance are the child’s rights. While the marriage continues,…I am afraid my former husband will take our child abroad without consent. What protection is there?The Syariah court can issue an injunction preventing a child from being taken out of Malaysia. Act 303 s.105…I have custody of the children and want to move or travel abroad with them. Do I need my former husband's permission?For a temporary trip, get your former husband’s written consent as a safeguard; to move permanently, seek the court’s…Our custody case will take time. Who looks after the children while we wait for the decision?The court can make an interim custody order while the case continues. Act 303 s.86(5) lets the court, if necessary,…Can the court give custody of the eldest child to the father and the youngest to the mother?Yes; the court weighs the welfare of each child separately. Act 303 s.86(4) says that where there are…
This answer is general reference, not a fatwa. For your situation, consult the religious affairs office, a Syarie lawyer or your state Syariah Court.

Comments or feedback

Read only by the MYPolygyny administrator — never published.

🔒 Do not include sensitive personal details. Privacy notice

About Us · Ask · Site Map · Privacy · Editorial policy · Disclaimer

✓ Pemindahan pelayan selesai — kini lebih bersedia untuk berkhidmat kepada anda. · Server migration completed — ready to serve you better from now on.